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H.Doc.108-215 REQUESTS FOR FY 2004 BUDGET AMENDMENTS ...


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108th Congress, 2d Session - - - - - - - - - - - - House Document 108-214
 
BLOCKING PROPERTY OF CERTAIN PERSONS AND PROHIBITING THE IMPORTATION OF 
                       CERTAIN GOODS FROM LIBERIA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              Transmitting

A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE THREAT TO THE 
  FOREIGN POLICY OF THE UNITED STATES CONSTITUTED BY CERTAIN ACTIONS, 
  POLICIES, AND CIRCUMSTANCES WITH RESPECT TO LIBERIA, PURSUANT TO 50 
                     U.S.C. 1703(b) 50 U.S.C. 1631

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 September 13, 2004.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
                                           The White House,
                                         Washington, July 23, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with subsection 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
(IEEPA), I hereby report that I have issued an Executive Order 
(the ``order'') in which, in view of United Nations Security 
Council Resolutions 1521 of December 22, 2003, and 1532 of 
March 12, 2004, I declared a national emergency with respect to 
the threat to the foreign policy of the United States 
constituted by certain actions, policies, and circumstances 
with respect to Liberia. These actions, policies, and 
circumstances include the undermining of Liberia's transition 
to democracy and the orderly development of its political, 
administrative, and economic institutions and resources by 
former Liberian President Charles Taylor and other persons, in 
particular their unlawful depletion of Liberian resources and 
their removal from Liberia and secreting of Liberian funds and 
property. These actions, policies, and circumstances also 
include the lack of universal implementation throughout Liberia 
of the Comprehensive Peace Agreement signed on August 18, 2003, 
and the related ceasefire. Finally, these actions, policies, 
and circumstances include the link between the illicit trade in 
round logs and timber products and the proliferation of and 
trafficking in illegal arms, which perpetuate the Liberian 
conflict and fuel and exacerbate other conflicts throughout 
West Africa.
    To address this threat, I ordered that, except to the 
extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 
U.S.C. 1702(b)(1), (3), and (4)), or regulations, orders, 
directives, or licenses that may be issued pursuant to the 
order, all property and interests in property of the persons 
listed in the annex to the order or any person determined by 
the Secretary of the Treasury, in consultation with the 
Secretary of State, to meet the criteria set forth in section 
1(a)(ii) of the order, are blocked. I further ordered that, 
except to the extent provided in regulations, orders, 
directives, or licenses that may be issued pursuant to the 
order, the direct or indirect importation into the United 
States of any round log or timber product originating in 
Liberia is prohibited.
    I have enclosed a copy of the order, which became effective 
at 12:01 a.m. eastern daylight time on July 23, 2004.
            Sincerely,
                                                    George W. Bush.
                            Executive Order

                              ----------                              


Blocking Property of Certain Persons and Prohibiting the Importation of 
                       Certain Goods From Liberia

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations 
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and 
section 301 of title 3, United States Code, and in view of 
United Nations Security Council Resolutions 1521 of December 
22, 2003, and 1532 of March 12, 2004.
    I, GEORGE W. BUSH, President of the United States of 
America, note that the actions and policies of former Liberian 
President Charles Taylor and other persons, in particular their 
unlawful depletion of Liberian resources and their removal from 
Liberia and secreting of Liberian funds and property, have 
undermined Liberia's transition to democracy and the orderly 
development of its political, administrative, and economic 
institutions and resources. I further note that the 
Comprehensive Peace Agreement signed on August 18, 2003, and 
the related ceasefire have not yet been universally implemented 
throughout Liberia, and that the illicit trade in round logs 
and timber products is linked to the proliferation of and 
trafficking in illegal arms, which perpetuate the Liberian 
conflict and fuel and exacerbate other conflicts throughout 
West Africa. I find that the actions, policies, and 
circumstances described above constitute an unusual and 
extraordinary threat to the foreign policy of the United States 
and hereby declare a national emergency to deal with that 
threat. To address that threat, I hereby order:
    Section 1. (a) Except to the extent provided in section 
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), 
and (4)), or regulations, orders, directives, or licenses that 
may be issued pursuant to this order, and notwithstanding any 
contract entered into or any license or permit granted prior to 
the effective date of this order, all property and interests in 
property of the following persons, that are in the United 
States, that hereafter come within the United States, or that 
are or hereafter come within the possession or control of 
United States persons, are blocked and may not be transferred, 
paid, exported, withdrawn, or otherwise dealt in:
          (i) the persons listed in the Annex to this order; 
        and
          (ii) any person determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State:
                  (A) to be or have been an immediate family 
                member of Charles Taylor;
                  (B) to have been a senior official of the 
                former Liberian regime headed by Charles Taylor 
                or otherwise to have been or be a close ally or 
                associate of Charles Taylor or the former 
                Liberian regime;
                  (C) to have materially assisted, sponsored, 
                or provided financial, material, or 
                technological support for, or goods or services 
                in support of, the unlawful depletion of 
                Liberian resources, the removal of Liberian 
                resources from that country, and the secreting 
                of Liberian funds and property by any person 
                whose property and interests in property are 
                blocked pursuant to this order; or
                  (D) to be owned or controlled by, or acting 
                or purporting to act for or on behalf of, 
                directly or indirectly, any person whose 
                property and interests in property are blocked 
                pursuant to this order.
    (b) I hereby determine that the making of donations of the 
type of articles specified in section 203(b)(2) of IEEPA (50 
U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person 
whose property or interests in property are blocked pursuant to 
paragraph (a) of this section would seriously impair my ability 
to deal with the national emergency declared in this order, and 
I hereby prohibit such donations as provided by paragraph (a) 
of this section.
    (c) The prohibitions in paragraph (a) of this section 
include, but are not limited to,
          (i) the making of any contribution or provision of 
        funds, goods, or services by, to, or for the benefit 
        of, any person whose property or interests in property 
        are blocked pursuant to this order, and
          (ii) the receipt of any contribution or provision of 
        funds, goods, or services from any such person.
    Sec. 2. Except to the extent provided in regulations, 
orders, directives, or licenses that may be issued pursuant to 
this order, and notwithstanding any contract entered into or 
any license or permit granted prior to the effective date of 
this order, the direct or indirect importation into the United 
States of any round log or timber product originating in 
Liberia is prohibited.
    Sec. 3. (a) Any transaction by a United States person or 
within the United States that evades or avoids, has the purpose 
of evading or avoiding, or attempts to violate any of the 
prohibitions set forth in this order is prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 4. For purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States; and
    (d) the term ``round log or timber product'' means any 
product classifiable in Chapter 44 of the Harmonized Tariff 
Schedule of the United States.
    Sec. 5. For those persons whose property and interests in 
property are blocked pursuant to section 1 of this order who 
might have a constitutional presence in the United States, I 
find that because of the ability to transfer funds or other 
assets instantaneously, prior notice to such persons of 
measures to be taken pursuant to this order would render these 
measures ineffectual. I therefore determine that for these 
measures to be effective in addressing the national emergency 
declared in this order, there need be no prior notice of a 
listing or determination made pursuant to section 1 of this 
order.
    Sec. 6. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to the President by IEEPA and 
UNPA as may be necessary to carry out the purposes of this 
order. The Secretary of the Treasury may redelegate any of 
these functions to other officers and agencies of the United 
States Government, consistent with applicable law. All agencies 
of the United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the 
provisions of this order and, where appropriate, to advise the 
Secretary of the Treasury in a timely manner of the measures 
taken.
    Sec. 7. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to submit the 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of NEA, 50 U.S.C. 1641(c), and section 204(c) of IEEPA, 
50 U.S.C. 1703(c).
    Sec. 8. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to determine, 
subsequent to the issuance of this order, that circumstances no 
longer warrant the inclusion of a person in the Annex to this 
order and that the property and interests in property of that 
person are therefore no longer blocked pursuant to section 1 of 
this order.
    Sec. 9. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, instrumentalities, or entities, its 
officers or employees, or any other person.
    Sec. 10. This order is effective at 12:01 a.m. eastern 
daylight time on July 23, 2004.
    Sec. 11. This order shall be transmitted to the Congress 
and published in the Federal Register.
                                                    George W. Bush.
    The White House, July 22, 2004.

                                 ANNEX

    1. Allen, Cyril. DOB: 26 Jul. 1952. Former Chairman, 
National Patriotic Party; nationality Liberian; alt. 
nationality Nigerian.
    2. Bout, Viktor Anatolijevitch; aka Butt; aka Bont; aka 
Butte; aka Boutov; aka Sergitov, Vitali. DOB: 13 Jan. 1967; 
alt. DOB: 13 Jan. 1970. Businessman, dealer and transporter of 
weapons and minerals; Passport No. 21N0532664; alt. Passport 
No. 29N0006765; alt. Passport No. 21N0557148; alt. Passport No. 
44N3570350.
    3. Bright, Charles R. DOB: 29 Aug. 1948. Former Minister of 
Finance.
    4. Cisse, M. Moussa; aka Kamara, Mamadee. DOB: 24 Dec. 
1946; alt. DOB: 26 June 1944. Former Chief of Presidential 
Protocol; Chairman, Mohammed Group of Companies; Diplomatic 
Passport No. D-001548-99 <Liberia>; Passport No. 0058070 
<Liberia>.
    5. Cooper, Randolph. DOB: 28 Oct. 1950. Former Managing 
Director, Roberts Intl. Airport.
    6. Darrah, Kaddieyatu; aka Darah, Kadiyatu; aka Dara, 
Kaddieyatu; aka Dara, Kadiyatu. Special Assistant to Charles 
Taylor.
    7. Dunbar, Belle Y. DOB: 27 Oct. 1967; alt. DOB: 27 Oct. 
1963. Former Managing Director, Liberian Petroleum Refining 
Company.
    8. Dunbar, Jenkins. DOB: 10 Jan. 1947. Former Minister of 
Lands, Mines, Energy.
    9. Fawas, Abbas. President, Maryland Wood Processing 
Industries; President, United Logging Company; nationality 
Lebanese.
    10. Gibson, Myrtle. DOB: 03 Nov. 1952. Former Senator; 
advisor to Charles Taylor.
    11. Goodridge, Reginald B. (Senior); aka Goodrich, Reginald 
B. (Senior). DOB: 11 Nov. 1952. Former Minister for Culture, 
Information, Tourism.
    12. Jobe, Baba. Director, Gambia New Millennium Air 
Company; Member of Parliament of Gambia, nationality Gambian.
    13. Kiia Tai, Joseph Wong. Executive, Oriental Timber 
Company.
    14. Kleilat, Ali. DOB: 10 July 1970; POB: Beirut Lebanon; 
nationality Lebanese Businessman.
    15. Kouwenhoven, Gus; aka Kouvenhoven, Gus; aka Kouenhoven, 
Gus; aka Kouenhaven, Gus. DOB: 15 Sept. 1942; nationality 
Dutch. President, Oriental Timber Company; Owner, Hotel Africa; 
Villa #1, Hotel Africa Virginia, Monrovia, Liberia; P.O. Box 
1522, Monrovia, Liberia.
    16. Minin, Leonid; aka Blavstein; aka Blyuvshtein; aka 
Blyafshtein; aka Bluvshtein; aka Blyufshtein; aka Kerler, 
Vladimir Abramovich; aka Popiloveski, Vladimir Abramovich; aka 
Popelaveski, Vladimir Abramovich; aka Popeloveski, Vladimir 
Abramovich; aka Popela, Vladimir Abramovich; aka Popelo, 
Vladimir Abramovich; aka Breslan, Wolf; aka Breslan, Wulf; aka 
Osols, Igor. DOB: 14 Dec 1947; alt. DOB: 18 Oct. 1946; Owner, 
Exotic Tropical Timber Enterprise; nationality Ukrainian; 
Passport No. 5280007248D <Germany>; alt. Passport No. 18106739D 
<Germany>; Passport No. 6019832 (6/11/94-5/11/99) <Israel>; 
alt. Passport No. 9001689 (23/1/97-22/1/02) <Israel>; alt. 
Passport No. 90109052 (26/11/97) <Israel>; Passport No. 
KI0861177 <Russia>; Passport No. 65118 <Bolivia>.

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